18
of the Convention are met (supra Considering clause 2) with regard to persons for
whom such measures are being sought. In this sense, the Court has already said
that in accordance with the Convention and the Rules of Procedure, the burden of
proving these prima facie requirements rests with the petitioner14 who, in this case,
is the Inter-American Commission.
18.
The Court observes that the Inter-American Commission has referred in
general terms to facts according to which the members of the ICJP allegedly have
been the target of threats, surveillance, and attempts on their lives, among others,
without specifying who these members are, nor when or how these events may have
occurred.
19.
Now, the Commission has mentioned some acts apparently committed against
some persons who may be members of the ICJP. Yet, the Court observes that
according to the list sent by the Commission as to the members of the ICJP (supra
Having Seen 10), Messrs. Yimy Jansasoy, Javier Giraldo, S.J., and Iván Cepeda are
not members of the same, and therefore the Court cannot consider the facts as
argued for the purposes of assessing the Commission’s request for provisional
measures.
20.
As it relates to facts concerning members of the ICJP, the Inter-American
Commission alleged generally that Messrs. Danilo Rueda, Abilio Peña, and Alberto
Franco have been the target of threats without providing concrete examples. The
Commission also indicated that Mr. Danilo Rueda had been accused of procedural
fraud “with the goal of discrediting him,” and that Mr. Alberto Franco had been
accused of being a terrorist and of having committed murder and discrimination,
without argument or providing more input as to how that places them in a situation
of extreme gravity, urgency, and facing the threat of irreparable harm so as to
warrant the adoption of provisional measures in their favor.
21.
With respect to the Commission’s allegations that the investigation of alleged
threats is being carried out in an environment of impunity, the Court stresses that,
according to its jurisprudence, an analysis of a party’s effectiveness in properly
investigating the facts giving rise to provisional measures corresponds to an
examination of the case on the merits,15 thus rendering it peripheral to the Court’s
consideration in the present case.
22.
From the above, the Court finds that given the information submitted by the
Commission, all of the requirements of Article 63(2) of the Convention and Rule 27
of the Rules of Procedure have not been met. Thus, the request for provisional
measures submitted by the Commission must be denied.
23.
Notwithstanding this determination, the Court reminds the parties that States
are under a constant and permanent duty to fulfill the general obligations that
14
Cf. Matter of Belfort Istúriz et al., supra note 6, Considering clause five; Case of the Caracazo,
supra note 6, Considering clause eight; and, Matter of Four Ngöbe Indigenous Communities and its
Members. Provisional Measures regarding Panama. Order of the Inter-American Court of Human Rights of
May 28, 2010, Considering clause eleven.
15
Cf. Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures regarding
Venezuela. Order of the Inter-American Court of Human Rights of July 3, 2007, Considering clause
twenty-three; Matter of Ramírez Hinostroza et al. Provisional Measures regarding Peru. Order of the InterAmerican Court of Human Rights of February 3, 2010, Considering clause twenty-seven; and, Matter of
Wong Ho Wing, supra note 11, Considering clause nine.